At tonight’s 6pm Dilley City Council meeting, some of the most pressing issues facing the city will be discussed, all related to water rates and the Texas Commission of Environmental Quality (TCEQ) violations. Notice of the meeting was posted on Friday at 5pm.
BACKGROUND
On February 7th, 1990, the City of Dilley entered an agreement with the Texas Department of Criminal Justice to provide utility service to the Dolph Briscoe prison, including bonds to finance the required infrastructure. The contract stipulated that the facility would house “at least 1,000 incarcerated persons.”
For years, the city’s infrastructure was able to service the prison’s water and wastewater requirements, but as prison populations have boomed across Texas, so has the strain on Dilley’s systems. Currently, Dilley has 3 pending enforcement actions from TCEQ. There are only 7 pending total in all of Frio County, covering both municipalities and businesses. According to TCEQ, enforcement actions are initiated “after serious or continuing violations are identified during an inspection.”
As of February, Dilley had one pending enforcement action related to the prison’s wastewater treatment plant, that included $12,250 of fines. By September 12th, the fines on that enforcement action had swelled to $19,850. In the meantime, Dilley incurred additional enforcement actions related to public water supply, as well as another wastewater treatment plant violation.
AUGUST 7th BUDGET TALKS
At the August 7th, 2017 Dilley budget workshop, city attorney Bobby Maldonado explained, “Originally when the prison was built, there was a contract. It lasted 22 years. The contract took care of all those issues. Once the contract was over, it all became part of the city. And the prison no longer had to pay for anything else other than the rates and the city was left with a 22 year old system,” Maldonado said.
Councilwoman Cano asked, “and would there not be anything in that contract whatsoever that would say, once we pass 1,000 individuals…”
“The contract expired. We don’t have a contract,” Maldonado repeated curtly.
Cano demanded, “so they can have 1,500 and it doesn’t matter that we can’t keep up with them? We incur all costs. It just seems to me, you say “I’m building a 1,000 bed prison”, then that’s what it should be. And just the fact that the contract’s expired, now they get to do whatever they want?”
“That’s just the way it works,” Maldonado said, communicating the harsh reality of contracts and consequences of short-sightedness. However, expired or not, the agreement stipulates at least 1,000 persons, and the city would be liable either way.
Maldonado relayed proposals from city engineer LNV’s Robert Viera for a new wastewater treatment plant that could cost north of $7 million. “Even a $7 million dollar wastewater treatment plant would still be undersized for what [the prison] is discharging,” Maldonado explained. “[Robert Viera] said, ‘they’re just using way too much water and they’re discharging too much.’”
Furthermore, with no contract in place, there is no guarantee that as the city’s ability to handle the infrastructure improves, the prison wouldn’t continue to increase the population – leading to another strain down in the future.
TONIGHT’S MEETING
Tonight, the city council discusses their options.
Will they try to take out a certificates of obligation loan, which would be paid back through revised water rates and/or property tax?
Will they try to make TDCJ pay for the cost of a new wastewater treatment plant?
Will they try to convince TDCJ to lower the population?
Here’s what’s actually on the agenda:
2A. Consultations with attorney regarding a resoluton approving interim and long term options to comply with Texas Commission on Environmental Quality regulations regarding the Prison Wastewater Treatment Plant
4. Discuss/consider & act on adopting a resolution authorizing the City Administrator, City Attorney, Utility Rate Consultant and City Engineer to negotiate with the Texas Department of Criminal Justice to comply with Texas Commission on Environmental Quality regarding the Prison Wastewater Treatment Plant subject to council approval
5. Discuss/consider & act on authorizing Capex Consulting to conduct a rate study in an amount not to exceed $25,000 to comply with Texas Commission on Environmental Quality regulations regarding the Prison Wastewater Treatment Plant and related matters
6. Discuss/consider & act on adopting a resolution authorizing Commencement of Proceedings relating to the Issuance of Obligations and other Matters Related Thereto
In item 5, “Capex Consulting” refers to the company that performed the rate study that led to the ordinance that regulates today’s water utility rates and billing processes. The ordinance expires this month.
Tonight’s meeting (October 30) is at 6pm at City Hall.
–written by Jose Asuncion.
Jose received an MFA from University of Southern California in 2008, a BA from the University of Illinois at Chicago in 2003, and currently lives in Dilley, TX, home of his grandparents.